Gulliver Relocation
The client has sole parental responsibility according to orders from 2019 and relocated with her son to another country without consent from the father. Despite violating court orders, the father did not initially pursue the child's return. After a visit in 2024, the child, now 14, expressed a preference to stay with the father. The father's legal representative proposed consent orders to formalise the situation and grant him authority over medical and educational decisions. The client reported potential parental abduction to authorities and is concerned about enforcing her parental rights legally.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal steps can I take to enforce the current custody order and ensure my son's return?
To enforce the custody order and secure your son's return, promptly engage with the appropriate family court. Initiate and maintain contact under relevant international agreements, as they can facilitate the return of children wrongfully removed. Consider seeking assistance from community legal centres or legal aid, if financially eligible, and contact relevant authorities regarding your rights.
What are the potential legal consequences if I refuse to sign the proposed consent orders?
Refusing to sign the proposed consent orders may lead the father to pursue court proceedings to modify existing arrangements. The court will evaluate the child’s best interests, including his expressed wishes and current living arrangements. This could result in prolonged legal challenges and costs, as well as impact your relationship with your son.
How does my son's age and expressed wishes impact the court's consideration in this custody dispute?
In custody disputes, a child's age and expressed wishes are significant. At 14, the child's preferences are taken seriously, but they are one of many factors considered, such as stability and parental rights. It's important to demonstrate your ongoing involvement and address any concerns about the child's welfare while respecting his perspective.
What are my legal options if I believe that the father's actions constitute parental abduction?
If you suspect parental abduction, rely on international treaties that facilitate the return of children wrongfully taken from their usual residence. File an application through the relevant Central Authorities to begin the process. Collect evidence indicating the relocation was against court orders and consult a family lawyer experienced in international matters.
How can I ensure that my parental rights are protected during this process?
To protect your parental rights, stay engaged with relevant authorities concerning child abduction matters. If necessary, apply for recovery orders through the family court to address unlawful retention. It's important to document all interactions and clearly communicate your position regarding your sole parental responsibilities.
